On No.1, that submission of realized counsel for the appellant is usually that Show ‘L’ has not retrospectively taken away the legal rights from the plaintiffs/appellants notably that of your 1st appellant which accrued to the 26th of July, 1981. Principal between the reasons presented by appellant’s counsel is that the Chiefs Law less than which the Declaration in Show ‘L’ was built and registered won't say so possibly expressly or by implication.

That the right to current a applicant with the vacant stool did not accrue right up until the Secretary on the Knowledgeable Council experienced performed his responsibility, under S.

A. O. OBASEKI, J.S.C.: Around the 24th day of June, 1985, right after studying the report of proceedings and hearing the submissions of counsel on the problems for willpower elevated from the enchantment, I, (in concurrence with my uncovered brother Justices on the Supreme Courtroom), allowed the charm, put aside the decision in the Court of Attraction and restored the choice in the Large Courtroom with expenses for the appellants fixed at N300.00 and reserved my Causes to the Judgment till currently. I now continue to present my reasons hereunder:

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Exactly the same was true of CARSON v. CARSON And One more (1964) one WLR. 511 – a case of divorce – through which Whilst s.three of the Matrimonial Triggers Act 1963, was held to obtain effected an alteration within the substantive legislation, the segment was not retrospective to be able to interfer Along with the legal rights that experienced accrued prior to its coming into Procedure, Parliament not having possibly expressly or by obvious implication made it retrospective, and therefore a husband could depend upon a revival of the condoned adultery which transpired in 1962 to seek for divorce from the spouse.

Show “L” hasn't superseded Exhibit “A”. In the same way, it can be our humble submission that Show “L” wasn't meant to impair the existing suitable in the Plaintiffs/Appellants.”

The learned counsel for to start with, 2nd and 3rd respondents has, in his standard candour, graciously conceded the appellant wasn't served with the detect of intention to revoke his statutory ideal of occupancy on land in dispute that's situated within just Ibadan Municipality. Possessing so conceded, the subject can not be explained absent as he tried to do.

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The plaintiff (hereinafter called appellant) was therefore aggrieved and has appealed to this courtroom on eight grounds of charm. The events submitted and exchanged briefs of argument incompliance While using the exercise and technique of the courtroom.

This concession is underlined by his reference to and citation of section 9 in the Interpretation Law which provides:

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The oblique proposition by counsel for The 2 sets of respondents that publication from the Gazette was sufficient detect to appellant won't avail them nor keep water. That isn't the intendment on the maker on the legislation, if it were being it would've expressly stated so.